How to Request a Reasonable Accommodation for Housing Under the Fair Housing Act

Your Rights Under the Fair Housing Act: A Guide to Reasonable Accommodations

If you have a disability, the Fair Housing Act (FHA) ensures you have the same opportunity as others to enjoy your home and the shared spaces in your community. A “reasonable accommodation” is a change or exception to typical housing rules, policies, or practices that allows you to fully use and enjoy your residence. According to the Joint Statement of the U.S. Department of Housing and Urban Development (HUD) and the Department of Justice (DOJ), these adjustments are essential for ensuring equal housing access. You can find the full guidelines in the HUD-DOJ Joint Statement on Reasonable Accommodations.

Who Qualifies for an Accommodation?

To qualify under the FHA, you must meet the legal definition of having a disability. This includes individuals who have a physical or mental condition that significantly limits one or more major life activities, those with a history of such a condition, or those whom a housing provider perceives as having one. Please note that the FHA does not protect individuals whose current illegal use of a controlled substance presents a direct threat to the safety or property of others. However, the law does provide protections for individuals currently in recovery programs who are not using illegal drugs.

The 4-Step Tenant Success Roadmap

While the law does not mandate a specific format, follow these steps to strengthen your request:

  • Submit in Writing: Send your request in writing to ensure there is a clear record of your communication.
  • Be Clear and Specific: While you do not need to use the phrase “reasonable accommodation,” you must explain that you are seeking a policy change or exception because of your disability.
  • Provide Supporting Documentation: Include a letter from a doctor, therapist, or social worker that confirms your disability and the necessity of the requested change.
  • Keep Organized Records: Maintain a copy of your request and any written replies from your landlord for your personal files.

    • Sample Request Letter Template

    Downloadable Template: Reasonable Accommodation Request Letter

    Common Types of Accommodations

    * Parking: Reserving an accessible space near your unit.
    * Communication: Requesting that the management office use email instead of phone calls if you have a hearing impairment.
    * Lease Terms: Asking to shift rent due dates to align with disability benefit arrival dates.
    * Assistance Animals: Requesting an exception to “no-pet” rules for a service or emotional support animal.

    What to Do If Your Request Is Denied

    If a landlord denies your request, they must explain why. If you believe the denial is unfair, you have several paths forward:
    * Internal Grievance: Use your landlord’s or housing authority’s formal complaint process.
    * File with HUD: You can file a formal discrimination complaint online.
    * Seek Legal Aid: Contact local disability rights groups for assistance.

    Frequently Asked Questions

    * Can my landlord charge a fee? Generally, no. A landlord cannot charge a fee for processing a reasonable accommodation request.
    * What if they say it’s too expensive? A landlord might deny a request if it imposes an “undue financial and administrative burden,” but this is a high legal threshold they must prove.

    Disclaimer: This information is for educational purposes and does not constitute legal advice. For specific cases, consult a legal professional.